Michael R. Peevey is the Assigned Commissioner and Timothy Kenney and Sarah R. Thomas are the assigned ALJs in this proceeding.
1. TURN made a substantial contribution to D.02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061 as described herein.
2. TURN did not prevail on all issues in D.02-10-020, D.03-10-088, D.04-02-063 and D.04-09-061. The total value of the disallowance is $79,742.20.
3. TURN's requested hourly rates for attorneys and experts (as adjusted in the opinion) are reasonable when compared to the market rates for persons with similar training and experience.
4. The total of the reasonable compensation is $519,012.49.
5. The appendix to this opinion summarizes today's award.
1. TURN has fulfilled the requirements of Pub. Util. Code §§ 1801-12, which govern awards of intervenor compensation, and is entitled to intervenor compensation for compensation of reasonable expenses in making substantial contributions to D.02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061.
2. TURN should be awarded $519,012.49 for its contribution to D.02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061.
3. This order should be effective today so that TURN may be compensated without further delay.
4. This proceeding should be closed.
IT IS ORDERED that:
1. The Utility Reform Network (TURN) is awarded $519,012.49 as compensation for its substantial contributions to Decision (D.) 02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061.
2. Within 30 days of the effective date of this decision, Pacific Bell Telephone Company and Verizon California Inc. shall pay their respective shares of the award. Each utility's share shall be calculated based on each utility's proportional California jurisdictional revenues in 2002. Payment of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning February 13, 2005, the 75th day after the filing date of TURN's request for compensation, and continuing until full payment is made.
3. Rulemaking 01-09-001 and Investigation 01-09-002 are closed.
This order is effective today.
Dated August 24, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
APPENDIX
Compensation Decision Summary Information
Compensation Decision: |
D0608007 |
Modifies Decision? No |
Contribution Decision(s): |
D0210020, D0310088, D0402063, D0407036 and D0409061 | |
Proceeding(s): |
R0109001, I0109002 | |
Author: |
ALJ Thomas | |
Payer(s): |
Pacific Bell Telephone Company, Verizon California Inc. |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
The Utility Reform Network |
11/30/04 |
$599,936.69 |
$519,012.49 |
No |
Did not prevail on certain issues; failure to justify hourly rate |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
James |
Anthony |
Attorney |
The Utility Reform Network |
$190 |
2001 |
$190 |
James |
Anthony |
Attorney |
The Utility Reform Network |
$205 |
2002 |
$205 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$310 |
2001 |
$310 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$340 |
2002 |
$340 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$365 |
2003 |
$365 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$395 |
2004 |
$395 |
William |
Nusbaum |
Attorney |
The Utility Reform Network |
$340 |
2003 |
$340 |
William |
Nusbaum |
Attorney |
The Utility Reform Network |
$365 |
2004 |
$365 |
Christine |
Mailloux |
Attorney |
The Utility Reform Network |
$250 |
2001 |
$250 |
Christine |
Mailloux |
Attorney |
The Utility Reform Network |
$275 |
2002 |
$275 |
Hayley |
Goodson |
Law Student |
The Utility Reform Network |
$95 |
2002 |
$95 |
Regina |
Costa |
Policy Expert |
The Utility Reform Network |
$180 |
2001 |
$180 |
Regina |
Costa |
Policy Expert |
The Utility Reform Network |
$200 |
2002 |
$200 |
Regina |
Costa |
Policy Expert |
The Utility Reform Network |
$215 |
2003 |
$215 |
Regina |
Costa |
Policy Expert |
The Utility Reform Network |
$230 |
2004 |
$230 |
Mark |
Barmore |
Attorney |
The Utility Reform Network |
$125 |
2004 |
$125 |
Gayatri |
Schilberg |
Economist |
The Utility Reform Network |
$130 |
2002 |
$130 |
Gayatri |
Schilberg |
Economist |
The Utility Reform Network |
$140 |
2003 |
$140 |
William |
Marcus |
Economist |
The Utility Reform Network |
$175 |
2002 |
$175 |
Ron |
Faubion |
Analyst |
The Utility Reform Network |
$50 |
2002 |
$50 |
Terry |
Murray |
Policy Expert |
The Utility Reform Network |
$325 |
2002 |
$320 |
Scott |
Cratty |
Policy Expert |
The Utility Reform Network |
$200 |
2002 |
$185 |
Elizabeth |
Kientzle |
Policy Expert |
The Utility Reform Network |
$200 |
2002 |
$185 |
Tom |
Catlin |
Policy Expert |
The Utility Reform Network |
$160 |
2002 |
$160 |
Tom |
Catlin |
Policy Expert |
The Utility Reform Network |
$160 |
2003 |
$160 |
Lafayette |
Morgan |
Accountant |
The Utility Reform Network |
$105 |
2002 |
$105 |
Lafayette |
Morgan |
Accountant |
The Utility Reform Network |
$105 |
2003 |
$105 |
(END OF APPENDIX)